Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia

MOIT Issues the Questionnaire for Anti-dumping Investigation on Table and Chair Products From the China and Malaysia (Code of case AD16).

 

Anti-dumping Law Firm in Vietnam

On September 01^st, 2021, the Ministry of Industry and Trade (MOIT) issued the Decision No.2091/QDD-BCT on investigating to anti-dumping measures on some table and chair products origination from the People’s Republic of China and Malaysia (Code of case AD16). The Department of Trade Remedies issued an anti-dumping investigation questionnaire on quantity and value for foreign manufacturers/exporters.

Regarding the proposal to extend the time for submitting the questionnaires, the Investigating Authority agreed to extend the time to respond to the questionnaires for the relevant parties. The content of the response will be the same with the following instructions in Official Letter No.683/PVTM-P2 dated September 16, 2021. After the extension period, the Investigating Authority does not receive timely responses from foreign manufacturers/exporters or the information provided is incorrect or incomplete, the Investigating Authority will use information and documents provided by related parties, the information and documents collected by the Investigating Authority or available information and documents for giving the result according to the regulation of Law on Foreign trade management.

The relevant parties must respond to the Investigation Authority before 17:00 November 08^th, 2021 (Hanoi time).

The information, data provided in the Questionnaire of the Investigation Authority and the right to access the information of the case during the investigating term will be implemented in the regulations of the laws.

To ensure its rights and interests, the relevant parties need to answer and submit the Questionnaire on time.

If Client needs any more information or request for legal advice or potential dispute regarding trade remedies measures including, anti-dumping, countervailing duty and safeguard measures or international trade dispute matters, our competition, anti-dumping, and countervailing duty lawyers in Vietnam of International trade and tax practice at ANT Lawyers, an Anti-dumping law firm in Vietnam always follow up anti-dumping cases and its development to update clients on regular basis.

 

Read More

Deadline for submission of AD07 case response questionnaire

On August 5^th 2019, Minister of The Ministry of International Trade and Industry issued the decision no. 2334/QĐ- BCT on the investigation of the application of anti-dumping measures on some plastics and plastic products made from propylene polymers comes from the People’s Republic of China, the Kingdom of Thailand and Malaysia (AD07). The case was initiated under investigation based on a request filed by a local manufacturing industry representative on April 26^th, 2019.

Anti-dumping Law Firm in Vietnam 

Pursuant to Official Letter No. 704 / PVTM-P1 sent by the Vietnam Chamber of Commerce and Trade to all parties involved in the AD07 case on August 19, 2019, asking foreign manufacturers and exporters to conduct questionnaires. The investigation has been posted publicly on the website of the investigating authority and the Ministry of Industry and Trade or contacting the investigation office of the Department of Trade Remedies to receive the questionnaire.

Related post: Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)

After completing the questionnaire, the manufacturers and exporters related to the case AD07 send the complete questionnaire including 03 confidential copies, 03 public copies (hard copy) and 01 USB containing the soft copy of the answer. The answer is considered to be submitted on time when the Investigation Agency receives all hard and soft copies before 4:30 pm on September 25, 2019 (Hanoi time). Investigating agencies request stakeholders to answer and carefully study the instructions in the questionnaire before answering and submit the questionnaire within the prescribed time limit. Beyond this period, all questionnaires submitted to the investigating authority are not considered valid.

In the event that the investigating authority does not receive the timely response or the information provided incorrectly, incompletely as required, the investigating authority will apply the provisions of Article 10 of Decree 10/2018/ ND- CP on related parties not cooperating in trade defense cases.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

Read More

Vietnam Investigates Anti-dumping of Fiber Board Wood Products from Thailand and Malaysia (AD06)

On April 16^th, 2019, Ministry of Industry and Trade of Vietnam has promulgated Decision No. 940/QD-BCT on investigation into imposition of anti-dumping measures for fiber board products made of wood or other wood materials originated from Kingdom of Thailand and Malaysia (Case number AD06).

Summary of the Vietnam anti-dumping case AD06:

The requesting party is four (04) companies representing the domestic industry who have filed the Application for Investigation on October 18^th, 2018, including VRG KIEN GIANG MDF JOINT STOCK COMPANY; VRG DONGWHA MDF JOINT STOCK COMPANY; MDF VRG – QUANG TRI WOOD JOINT STOCK COMPANY; KIM TIN MDF STOCK COMPANY.

Scope of investigation on Vietnam anti-dumping case AD06:

The imported products alleged of dumping are some fiber board products of wood or other ligneous materials, whether or not assembled with glue or other organic adhesives, uncoated and unwrought, with the HS codes: 4411.12.00, 4411.13.00, 4411.14.00, 4411.92.00, 4411.93.00, 4411.94.00 from Thailand and Malaysia. The investigating period to determine dumping behavior is from Jan 1^st to Dec 31^st, 2018. The investigating period to determine the damages of the domestic manufacturing industry is from Jan 1^st, 2015 to Dec 31^st, 2018

The alleged dumping margin in Vietnam anti-dumping case AD06:

Imported Products from Thailand and Malaysia subject to anti-dumping measures imposition investigation are alleged with specified dumping margins respectively rate of 50,6% and 18,59%.

Damages and causal relation relating to Vietnam anti-dumping case AD06:

The products alleged of dumping are considered the main cause of significant losses of the domestic industry in the sales growth, profits, profit margins, wages, actual capacity, inventory.

Registration for interested party to Vietnam anti-dumping case AD06:

The organizations, individuals can register to be recorded as the related parties in this case with the Investigation Authority by the way sending the application according to the application form for the related party by May 15^th, 2019.

The investigation questionnaire of Vietnam anti-dumping case AD06:

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to seek answer to i) Producers of similar domestic goods; ii) Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows; iii) The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations; iv) Importers of goods subject to anti-dumping and countervailing investigations; and Other related parties.

Within 30 days after receiving the investigation questionnaires, the interested parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the interested parties, the investigating authority may extend the time limit but not more than 30 days.

Please be informed that the time limit for the antidumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued, with a possible extension up to 6 months if necessary.

Law Firm in Vietnam - ANT Lawyers International Trade Lawyers assist to represent the foreign clients to submit the answer at The Division of Dumping and Subsidies Investigation, Trade Remedies Authority- Ministry of Industry and Trade of Vietnam.

Read More

How Exemption for the Application of Trade Remedies Work in Vietnam?

Trade remedies measures, including anti-dumping measures, anti-subsidy measures and trade defense, are applied when conditions are satisfied that the act of damaging or threatening harm to the domestic production.

International Trade Lawyers in Vietnam

However, the Ministry of Industry and Commerce has also issued separate regulations for some goods exempted from the application of trade remedies. The circular No. 06/2018/TT-BCT providing detailed regulations on trade remedies as effective on June 15^th, 2018 regulating the exemption for the application of trade remedies.

The Minister of Industry and Trade shall consider and decide on the exemption for goods in the following cases:

The imports have characteristics which are different from and not substituted by the like or directly competitive products produced by domestic industry;

The imports are special products of the like or directly competitive products produced by domestic industry;

There are no sales of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

The volume of the like or directly competitive products produced by the domestic industry is not enough satisfy the needs of the domestic market.

The duration of exemption for the trade remedies is calculated as follows: From the date of the decision on the application of a provisional or official remedy or the outcome of the decision on the results of the review of trade remedies effective until the end of December 31 of the year issuing the decision; The exemption period is one year from January 1 to December 31 of the following year or the exemption period from the date of receipt of valid dossiers to December 31 of the year when the exemption decision is issued.

Goods are exempted for the application of trade remedies measures, organizations and individuals are entitled to a refund of trade remedies tax paid on imported goods within the exemption period of the exemption decision. However, if the goods violate conditions such as misuse of goods; Commits fraudulent acts in the application for exemption; Failing to comply with the conditions and obligations in the exemption decision and the exemption conditions are no longer available, the organization or individual shall be subject to the revocation of the exemption decision which has been issued and at the same time shall have to pay tax according to provisions of law.

Exemption from trade remedies is a form of incentive in import and export activities, but this preference must be within certain limits and should not affect domestic production, domestic company.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers International Trade and Tax or contact our lawyers in Vietnam for advice via email ant@antlawyers.vnor call our office at (+84) 24 32 23 27 71

Read More